This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioners challenging the order dated 08.05.2009 passed by the learned 6th Additional District and Sessions Judge, Surat by which application for condonation of delay being application No.58 of 1996 filed under sections 5 of the Limitation Act, 1963 [for short, `Limitation Act'] preferred by the petitioners seeking condonation of delay of about 23 days in filing the appeal under section 9 of the Gujarat Public Premises [Eviction of Unauthorized Occupants] Act, 1972 [for short, `the GPP Act'], came to be rejected.

2. The brief facts leading to filing of petition are stated as under:

2.1 As early as on 04.03.1986 a decision was taken by the respondent No.2 to allot land in favour of Shri P.S.Sahni for setting up the `Petro Polyols Project' and accordingly on 27.03.1986 the respondent No.2 allotted the said land admeasuring around 1,61,880 square meters of survey no.148 and 148P at village Mora, Taluka Choryasi, District Surat to Shri P.S.Sahni. On 14.08.1999, office of the Industry Commission, Ahmedabad sent a letter that Reliance Gas Cracker Plant was expected to commence its production by mid 1991. Shri Sahni being a Non-Resident Indian had to make a short visit and intimation was sent to respondent-GIDC about his address at London. In the meanwhile, show cause notice dated 20.05.1993 was issued by respondent-GIDC rescinding the allotment of the said land. On 27.06.1993 order of cancelling allotment was passed. Thereafter, show cause notice dated 27.07.1993 under the provisions of section 4[i] of the GPP Act was issued and finally on 18.08.1993 order of eviction under section 5[i] of the GPP Act came to be passed. The above order was executed on 20.09.1993 and possession of the land in question came to be taken over on 27.09.1993. The said land subsequently was allotted to respondent-Reliance Industries Ltd.

2.2 Two notices dated 05.04.1994 and 06.07.1994 were addressed by the petitioners to the respondent-GIDC through their advocate seeking information regarding illegal cancellation of allotment and the details of the persons to whom the said land was illegally allotted since it is the case of the petitioners that neither the show cause notice dated20.05.1993 nor order dated 27.06.1993 by the GIDC of rescinding / cancelling the allotment nor the show cause notice dated 27.07.1993 and order of eviction dated 18.08.1993 passed by competent authorities in exercise of powers under Sections 4 and 5 respectively of the GPP Act came to be served upon the petitioners.

However, it is the case of the petitioners that they were neither aware about the action of rescinding / cancelling the allotment by GIDC nor the show cause notice and order passed by the competent authority under the GPP Act.

2.3 A writ petition being Special Civil Application No.11645 of 1994 was filed by the petitioners under Article 226 of the Constitution of India on 23.09.1994 against the respondents. Upon filing counter affidavit and on completion of pleadings and on perusal of the files as called for, learned Single Judge by order dated 14.12.1995 rejected the writ petition in absence of merit. Being aggrieved by and dissatisfied with the above order the petitioners-appellants filed Letters Patent Appeal No.148 of 1996 and Division Bench of this Court by oral judgment dated 03.05.1996 confirming the order passed by the learned Single Judge, disposed of the LPA. However, in the opinion of the Division Bench, certain findings of facts regarding service of the notices/orders issued by respondent-GIDC for rescinding allotment as well as show cause notice and order under the GPP Act being findings of complicated questions of facts ought not to have been recorded in exercise of jurisdiction under Article 226 of the Constitution of India. Further, the Division Bench, kept it open for both the parties to agitate the question regarding service or non-service of the said notices/